Free Motion to Dismiss - District Court of California - California

Case 5:07-cv-03783-JF

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Filed 09/21/2007

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KELLY M. KLAUS (SBN 161091) [email protected] AMY C. TOVAR (SBN 230370) [email protected] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue Thirty-Fifth Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 Attorneys for Defendants UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC., and UNIVERSAL MUSIC PUBLISHING GROUP UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 12 STEPHANIE LENZ, 13 Plaintiff, 14 vs. 15 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28
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CASE NO. CV 07-03783 NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT AND SPECIAL MOTION TO STRIKE PLAINTIFF'S STATE LAW CLAIM [Memorandum of Points and Declaration of Kelly M. Klaus Filed Concurrently]

UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC., and UNIVERSAL MUSIC PUBLISHING GROUP,

DATE: TBD TIME: TBD CTRM: To be Assigned

NOTICE OF MOTION & MOTION TO DISMISS CASE NO. CV 07-03783

Case 5:07-cv-03783-JF

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Filed 09/21/2007

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TO PLAINTIFF AND HER COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT, on the first available motion hearing date and time of the Court to which this action is re-assinged that is at least 35 days from the date of this filing, Defendants Universal Music Corp., Universal Music Publishing, Inc. and Universal Music Publishing Group ("Defendants" or "Universal") will and hereby do move the Court for: [1] An Order dismissing with prejudice Plaintiff's First Cause of Action ­ for

"§ 512(f) Misrepresentation" ­ pursuant to Federal Rule of Civil Procedure 12(b)(6), on the ground that the cause of action fails to state a claim upon which the Court may grant Plaintiff relief; [2] An Order striking Plaintiff's Second Cause of Action ­ for "Interference with

Contract" under California Law ­ pursuant to California Civil Procedure Code § 425.16, on the grounds that Plaintiff's claim arises from acts in furtherance of Universal's right of petition or free speech, as defined in the California statute, including conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest, id. § 425.16(e)(4), and that Plaintiff has not shown and cannot show with admissible evidence a probability of prevailing on the claim; and [3] An Order dismissing Plaintiff's Third Cause of Action ­ for "Declaratory Relief of

Non-Infringement" ­ pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6), on the ground that Plaintiff has failed to allege a justiciable case or controversy. This Motion is based upon this Notice of Motion and Motion; the Memorandum of Points and Authorities and Declaration of Kelly M. Klaus and all exhibits thereto that are being filed concurrently with this Motion; all pleadings and documents on file in this action; and such other materials or argument as the Court may properly consider prior to deciding this Motion. PLEASE TAKE FURTHER NOTICE THAT, once this action is re-assigned to a Judge of this Court, see Docket Entry Number 9 (entered Sept. 18, 2007), Defendants will file and serve an Amended Notice of Motion that will state the date and time certain for the hearing on this Motion in accordance with the hearing schedule set forth in the first paragraph above. Defendants also will lodge courtesy copies of all of their Motion papers with the assigned Judge within one
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NOTICE OF MOTION & MOTION TO DISMISS CASE NO. CV 07-03783

Case 5:07-cv-03783-JF

Document 10

Filed 09/21/2007

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business day of the reassignment, pursuant to General Order 45.VI.G. Defendants also will submit a [Proposed] Order in electronic form to the assigned Judge's PO email address, General Order 45.VIII, and will send a copy of the same in electronic format to Plaintiff's counsel.

DATED: September 21, 2007

MUNGER, TOLLES & OLSON LLP

By:

/s/ KELLY M. KLAUS

Attorneys for Defendants UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC., and UNIVERSAL MUSIC PUBLISHING GROUP

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NOTICE OF MOTION & MOTION TO DISMISS CASE NO. CV 07-03783